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CAPITAL PUNISHMENT


               !!!CROSSROADS – LIFE OR DEATH!!!

Death a word that shakes up the entire Human World. Death is the fear that awakens the human world to do good deeds. Every human has a Right to live as per the Article19 of the Indian Constitution, but our Indian Constitution does not allow living and enjoying the rights by destroying or violating the rights of the other human being.


Crimes in India are as old as society, where only the forms are changing. Simple theft and frauds are changing into Rape, Molestation, and Murders. The intense punishment had also to be changed according to the crimes committed, in ancient times the crime was simple and the law was unwritten so the punishments were limited to fines, but later the law went in written form and punishments became scarier and stricter. Looking at the increasing crime day by day, the Indian constitution added punishment of Death Penalty or Capital Punishment to its Judiciary System.

Capital Punishment also is known to many as the Death Penalty. The topic is a sensitive and most debated topic between the people. It is the last judgment on the Right to Live. Capital Punishment is one of the important parts of the Indian Judiciary System/Indian Criminal Justice. Death The penalty is only given to the very rare offenses.

Capital Punishment is a legal action taken against the violation of the law, where death penalties are handed only to rarest offenses. India got its separate codification in 1860 after independence, which in turn provided the death penalty for the offenses like murder. Soon after two decades, an application was filed by Raj Sabha and Lok Sabha for the abolishment of such punishments by private members wherein none of them were taken into consideration.

 No direct verdict was made for such punishment but many migrating factors were taken into consideration before pronouncing such sentences. The points considered were the circumstances of the crime committed, intention, gravity, age, family status. The accused is given every right to defend himself/herself.

In India, according to National Crime Report Bureau (NCRB), many of the murders are committed in the heat of anger, hatred; inter-caste marriage, religion, politics, and more.

Violence cannot be finished with Violence as Gandhiji said that, an eye for an eye policy can make the whole world blind. Life is God’s gift to man and no one has the right to take it away. People believed by killing a person how the crime can be finished by murdering one more. The counter-argument is that the sentence is never pronounced lightly till the guilty is made proven guilty.

Recently Supreme Court passed a verdict of Death Penalty to the 4 men convicted in the hilarious act of gang rape of Nirbhaya (Name Changed) in Delhi in the year 2012, wherein the Supreme Court amended the law in the year 2013 by adding new sections regarding violence against women in minor girls. Supreme Court also ruled that the mandatory death penalty will be unconstitutional.


Section 416 of the Criminal Procedure Code (Crpc) says that if a woman is sentenced to death Penalty and is found to be pregnant, High Court can postpone its verdict and if it can change into Life Imprisonment.

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As per the constitution of India, every accused has a right to defend him or by filing a mercy petition in the High court. The constitution also says if the petition is rejected by the High court, the accused can move to Supreme Court rejected from there, he or she can file a petition to President of India or State Governor.

Only the time will tell if it is the right decision, but till then opinion says retention is the best policy, as it is the application in such a manner that its efficiency is retained though its harshness is diluted. Life Imprisonment is the rule and Capital Punishment is an expectation as always.

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